Steven Kesten, Esq. View Entire Blog

Employment Law Update for 2013 Part 4

AB 2386 amends California Government Code Section 12926 and makes it clear that breastfeeding is protected by law and discrimination on that basis is illegal.

The new legislation was enacted, in part, to reflect a decision by the Fair Employment and Housing Commission (FEHC) in 2009 in which an employee was terminated because she was nursing her baby during her lunchtime break.

Because the FEHC’s decision was designated as having precedential authority, such discrimination is a violation of FEHA.